BILL NUMBER: AB 2162	CHAPTERED  07/24/00

	CHAPTER   190
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 22, 2000

INTRODUCED BY   Assembly Member Mazzoni

                        FEBRUARY 23, 2000

   An act to amend Section 52054 of the Education Code, relating to
school accountability.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2162, Mazzoni.  School accountability:  school action plan.
   Existing law establishes the Public School Performance
Accountability Program that consists of an Academic Performance Index
(API), an Immediate Intervention/Underperforming Schools Program,
and a Governor's High Achieving/Improving Schools Program.  A school
selected to participate in the Immediate Intervention/Underperforming
Schools Program is required to comply with certain requirements by
prescribed dates within the year in which the school is selected to
participate, including, but not limited to, completing an action plan
to improve the academic achievement of the pupils enrolled at the
school.
   This bill would change the dates by which the requirements are to
be met. The bill would provide that the school action plan may
propose to increase the number of instructional days and may propose
to increase up to a full 12 months the amount of time for which
certificated employees are contracted if prescribed conditions are
met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 52054 of the Education Code is amended to read:

   52054.  (a) By November 15 of the year that the school is selected
to participate, the governing board of a school district having
jurisdiction over a school selected for participation in the program
shall contract with an external evaluator from the list of external
evaluators and shall appoint a broad-based schoolsite and community
team, consisting of a majority of nonschoolsite personnel.  In a
school that has a limited-English-proficient pupil population that
constitutes at least 40 percent of the total pupil population, an
external evaluator shall have demonstrated experience in working with
a limited-English-proficient pupil population.  Not less than 20
percent of the members of the team shall be parents or legal
guardians of pupils in the school.
   (b) By December 15 of the year that the school is selected to
participate, the selected external evaluator shall solicit input from
the parents and legal guardians of the pupils of the school.  At a
minimum, the evaluator shall do all of the following:
   (1) Inform the parents and legal guardians, in writing, that the
school has been selected to participate in the Immediate
Intervention/Underperforming Schools Program due to its below-average
performance.
   (2) Hold a public meeting at the school, in cooperation with the
principal, to which all parents and legal guardians of pupils in the
school receive a written invitation.  The invitation to the meeting
may be combined with the written notice required by paragraph (1).
   (3) Solicit, at the public meeting, the recommendations and
opinions of the participating parents and legal guardians of pupils
in the school regarding actions that should be taken to improve the
performance of the school.  These opinions and recommendations shall
be considered by the external evaluator and the community team in the
development of the action plan pursuant to this section.
   (4) Notify all parents and legal guardians of pupils in the school
of their opportunity to provide written recommendations of actions
that should be taken to improve the performance of the school which
shall be considered by the external evaluator and the community team
in the development of the action plan pursuant to this section.
Notice required by this subdivision may be combined with the written
notice required by paragraph (1).
   (c) By January 15 of the year that the school is selected to
participate, the selected external evaluator shall complete a review
of the school that identifies weaknesses that contribute to the
school's below average performance and makes recommendations for
improvement.
   (d) By April 15 of the year that follows the year the school is
selected to participate, the external evaluator and the schoolsite
and community team selected pursuant to subdivision (a) shall develop
an action plan to improve the academic achievement of the pupils
enrolled at the school.  The action plan shall include percentage
growth targets at least as high as the annual growth targets adopted
by the State Board of Education pursuant to Section 52052.  The
action plan shall include an expenditure plan and shall be of a scope
that does not require expenditure of funds in excess of those
provided pursuant to this article or otherwise available to the
school.  The action plan may not be of a scope that requires
reimbursement by the Commission on State Mandates for its
implementation.
   (e) At a minimum, the action plan shall do all of the following:
   (1) Review and include the school and district conditions
identified in the school accountability report card pursuant to
Section 33126.
   (2) Identify the current barriers at the school and district
toward improvements in pupil achievement.
   (3) Identify schoolwide and districtwide strategies to remove
these barriers.
   (4) Review and include school and school district crime
statistics, in accordance with Section 628.5 of the Penal Code.
   (5) Examine and consider disaggregated data regarding pupil
achievement and other indicators to  consider whether all groups and
types of pupils make adequate progress toward short-term growth
targets and long-term performance goals.  The disaggregated data to
be included and considered by the plan shall, at a minimum, provide
information regarding the achievement of English learners,
economically disadvantaged pupils, and other groups of pupils, by
race, ethnicity, and gender.
   (6) Set short-term academic objectives pursuant to Section 52052
for a two-year period that will allow the school to make adequate
progress toward the growth targets established for each participating
school for pupil achievement as measured by all of the following to
the extent that the data is available for the school:
   (A) The achievement test administered pursuant to Section 60640.
   (B) Graduation rates for grades 7 to 12, inclusive.
   (C) Attendance rates for pupils and school personnel for
elementary, middle, and secondary schools.
   (D) Any other indicators approved by the State Board of Education.

   (f) The school action plan shall focus on improving pupil academic
performance, improving the involvement of parents and guardians,
improving the effective and efficient allocation of resources and
management of the school, and identifying and developing solutions
that take into account the underlying causes for low performance by
pupils.
   (g) The school action plan may propose to increase the number of
instructional days offered at the schoolsite and also may propose to
increase up to a full 12 months the amount of time for which
certificated employees are contracted, if all of the following
conditions are met:
   (1) Provisions of the plan proposed pursuant to this subdivision
shall not violate current applicable collective bargaining
agreements.
   (2) An agreement is reached with the exclusive representative
concerning staffing specifically to accommodate the extended school
year or 12-month contract.
   (h) The team, in the development of the action plan, shall consult
with the exclusive representatives of employee organizations, where
they exist.
   (i) Upon its completion, the action plan shall be submitted to the
governing board of the school districts for its approval.  After the
plan is approved, but no later than May 15 of the year that follows
the year the school is selected to participate, the plan shall be
submitted to the Superintendent of Public Instruction with a request
for funding in the form prescribed by the Superintendent of Public
Instruction.
   (j) Not later than June 15 of the year next following the year in
which a school is selected for participation, the State Board of
Education shall review and approve or disapprove the school's request
for funding, based on the recommendation of the Superintendent of
Public Instruction.  In conjunction with its approval of a request
for funding to implement a school's action plan, the State Board of
Education may waive all or any part of any provision of this code, or
any regulation adopted by the State Board of Education, controlling
any of the programs listed in clause (i) of subparagraph (B) of
paragraph (1) of subdivision (a) of Section 54761 and Section 64000
if the waiver does not result in a decrease in the instructional time
otherwise required by law or regulation or an increase in state
costs and is determined to be consistent with subdivision (a) of
Section 46300.
